248,674Section
674. 29.605 of the statutes is renumbered 29.881 and amended to read:

29.881 (title) Giving away of predatory animals to public zoos.(1)It is lawful for theThe department tomay give, present, or turn over alive, for educational purposes, to any bona fide public zoo any predatory animal to a public zoo.

(2) Any predatory animal that has been given to, presented, or turned over to any bona fidea public zoo under this section shallmay not be sold, bartered or given away by suchthe zoo in any manner, except that suchthe animal may be returned to the department.

29.614Scientific collector permit.
(1) Application for a scientific collector permit shall be submitted to the department. The department may issue a scientific collector permit if the department determines that the applicant is a natural person and is engaged in a bona fide program leading to increased, useful scientific knowledge.

(2) A scientific collector permit shall state the name and address of the permittee, the date of issuance, the purposes for which it is issued, the type, species and number of specimens authorized to be collected or salvaged, the area and period of time in which the specimens may be collected or salvaged, the place where the specimens may be kept and other conditions and limitations that the department requires. A scientific collector permit is not transferable.

(3) A scientific collector permit authorizes the permittee to collect or salvage, for scientific purposes only, the eggs, nest and wild animals specified in the permit subject to the conditions and limitations specified in the permit and the rules of the department. The permittee may use the specimens for the scientific purposes for which collected or salvaged and may transport them or cause them to be transported by common carrier. Possession of these specimens may not be transferred to any other person, except that these specimens may be exchanged for other specimens for scientific purposes. A scientific collector permit may authorize the use of net guns and tranquilizer guns for activities related to the purposes for which the permit is issued. Any person who is convicted of violating this chapter shall forfeit the person's permit and the permit is thereby revoked, in addition to all other penalties. Any person so convicted is not eligible for a permit under this section for one year following the conviction.

Note: This provision contains the same provisions, without substantive change, as current s. 29.17. The bill creates a new section regarding scientific collector permits as an expedient, because of the substantial amount of reorganization that is necessary.

248,676Section
676. 29.62 (title) of the statutes is renumbered 29.421 (title) and amended to read:

29.421 (title) Removal of injurious rough fish.

248,677Section
677. 29.62 (1) and (3) of the statutes, as affected by 1997 Wisconsin Act 27, are consolidated, renumbered 29.421 and amended to read:

29.421 The department may take rough fish by means of seines, nets or other devices, or cause rough fish to be taken, from any of the waters of this state, other than waters in a self-contained fish rearing facility or in a preexisting fish rearing facility that is barrier equipped and that is an artificial body of water. (3) Whenever the department takes rough fish under this section it shall dispose of the same as the department shall directfish in any manner that it determines to be appropriate.

29.424 (1) When the department finds that any species of fish is detrimental to any of the waters of the state it may, by rule, designate such
the species of fish and specify the waters in which suchthe species of fish areis found to be detrimental. Thereupon theThe department may remove such fish from the waters specified or cause them to be removed therefromdetrimental fish of the species designated from the waters specified.

248,681Section
681. 29.625 of the statutes is renumbered 29.417 and amended to read:

29.417 Permit to take rough fish. (1) Permission may be granted to any person by the department upon such terms and conditions as it may requirerequired by the department to take carp and other undesirable rough fish, which are detrimental to game fish in the following bays or harbors in Door county, namelyCounty: Sturgeon Bay, Little Sturgeon Bay, Riley's bayBay, Egg harborHarbor, Fish creek harbor
Creek Harbor, Eagle harborHarbor, Bailey's harbor
Harbor, Mud bayBay, North bayBay, Rowley's bayBay, and Washington harborHarbor, Jackson harborHarbor and Detroit harborHarbor in Washington Island.

(2) A person having a contract to take rough fish under s. 29.6229.421 or this section may be authorized by the department to erect and maintain a temporary pond in any navigable water pending the sale of suchthe fish, provided that suchthe pond does not unreasonably interfere with navigation or other public rights in such
the water.

248,682Section
682. 29.626 of the statutes is renumbered 29.717 and amended to read:

29.717 Trespass on riparian land. In an action against a person for damages sustained from trespassing on lands bordering streams stocked by the consent of the owner of suchthe lands, with fish received from a state hatchery, where suchthe damage
shall exceedexceeds $2, the trespasser shall beis liable for double the amount of suchthe damage and all of the taxable costs; and where the damage sustained is $2 or less the trespasser shall be liable for the amount of suchthe damage and the costs not to exceed the amount of the damage.

248,689Section
689. 29.644 of the statutes is renumbered 29.957 and amended to read:

29.957 Breaking seals of department. Any person who breaks, removes or interferes with any seal or tag attached to any animal, carcass, article or other thing
or object by the department, or who meddles or interferes with any animal, carcass, article or other thingor object with sucha seal or tag attached, or who counterfeits any sucha seal or tag, attached or unattached, shall be fined not more than $500 or imprisoned for not more than 90 days or both.

29.969 Larceny of game. A person who, without permission of the owner, molests, disturbs or appropriates any wild animal or its carcass that has been lawfully reduced to possession by another shall forfeit not less than $1,000 nor more than $2,000. This section does not apply to farm-raised deer or farm-raised fish.

248,697Section
697. 29.65 (2) of the statutes is renumbered 29.977 (2) and amended to read:

29.977 (2) Any damages recovered in sucha civil action under this section shall be paid into the state conservation fund and disbursed therefrom by the department. The costs of suchthe action in case of a, if the judgment is in favor of the defendant, shall be paid out of the conservation fund.

29.867 (2m) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of game birds and animals and the applicant intends in good faith to establish and maintain a game bird and animal farm, the department shall issue a license to the applicant. The license shall describe the lands and shall authorize the licensee to breed, propagate, kill and sell the game birds and animals that are on the lands described in the license.

29.871 (2m) If the applicant is the owner or lessee of the lands, the land is suitable for the breeding and propagating of deer, and the applicant intends in good faith to establish and operate a deer farm, the department shall inform the applicant that it will issue a license when the applicant has built a suitable deer fence around the area to be licensed.

248,705Section
705. Subchapter XII (title) of chapter 29 [precedes 29.885] of the statutes is created to read:

Chapter 29

subchapter xiI
wildlife damage

248,706Section
706. 29.889 (12) (title) of the statutes is created to read:

29.889 (12) (title) Tolerable deer damage levels.

248,707Section
707. Subchapter XIII (title) of chapter 29 [precedes 29.921] of the statutes is created to read:

Chapter 29

Subchapter XIII
Enforcement

248,708Section
708. 29.921 (title) of the statutes is created to read:

29.921 (6)Search warrants; subpoenas.In executing search warrants and subpoenas under this chapter where the penalty for the violation is a forfeiture, the department shall use procedures which comply with ss. 968.12 and 968.135 to 968.19.

29.921 (7)Dogs injuring wildlife.A warden may kill a dog found running, injuring, causing injury to, or killing, any deer, other than farm-raised deer, or destroying game birds, their eggs or nests, if immediate action is necessary to protect the deer or game birds, their nests or eggs, from injury or death.

Note: This sentence is based on the last sentence of current s. 29.05 (8) (b).

248,711Section
711. 29.924 (title) of the statutes is created to read:

29.924 (title) Investigations; searches.

248,712Section
712. 29.931 (title) of the statutes is created to read:

29.961 (2) Any person who fails to keep records as required under this chapter, fails to keep accurate records under this chapter, or provides incorrect information to the department under this chapter, other than information to obtain an approval as provided under sub. (1), shall forfeit not more than $100.

Note: Many provisions of current ch. 29 specify that accurate records must be kept. For example, s. 29.134 (6m) (a) requires fur auctioneers to keep "correct and complete" records, and s. 29.135 (6) (a) requires wholesale fish dealers to keep "complete, legible and accurate" records. This bill deletes these specific requirements. The current statutes do not provide a specific penalty for failure to keep accurate records, so the $100 forfeiture in current s. 29.99 (4) applies. New s. 29.961 provides a penalty consisting of a forfeiture of $100 for failure to keep records, or keeping or providing incorrect information under ch. 29.

248,714Section
714. 29.99 (intro.) and (1) to (11) of the statutes are renumbered 29.971 (intro.) and (1) to (11), and 29.971 (intro.), (1), (1m) (a) to (c) and (e), (4), (5), (5g), (5m), (7) and (11), as renumbered, are amended to read:

29.971 General penalty provisions. (intro.) Any person who, for himself or herself, or by his or her agent, servant, or employe, or who, as agent, servant, or employe for another, violates this chapter shall be punished, respectively, as follows:

(1) (a) For the violation of any requirement of this chapter relating to fishing or fish dealing, or rules promulgated under this chapter relating to fishing or fish dealing, by a forfeiture of not more than $1,000 except as provided under pars. (b) and (c) and sub. (5m).

(b) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under par. (d) exceeds $300 but does not exceed $1,000, by a fine of not more than $5,000 or imprisonment for not more than 30 days or both.

(c) For having fish in his or her possession in violation of this chapter or rules promulgated under it and the value of the fish under par. (d) exceeds $1,000, by a fine of not more than $10,000 or imprisonment for not more than 2 years or both.

(d) Salmon, trout and noncommercial game fish shall be valued for the purposes of pars. (b) and (c) on a per fish basis according to the dollar amounts specified under s. 29.6529.977 (1) (a) and (i) to (L). Other species of commercial fish shall be valued on a per fish basis according to the current average wholesale value. In this paragraph, "average wholesale value" means the average price received by producers on the date of the violation for fish in the form of the violative fish.

(e) Any person holding an approval issued under this chapter, upon his or her 2nd conviction within a 3-year period for violations of this chapter or rules promulgated under it relating to possessing illegal fish, fishing with illegal gear, fishing in closed areas or refuges, fishing during a closed season, violation of quota fisheries or false reporting shall have all of his or her fishing and fish dealing licenses revoked and no fishing or fish dealing license may be issued to the person for at least one year after the date of conviction. During the period of revocation for 2 convictions under pars. (b) or (c) or a combination of 2 convictions under pars. (b) and (c), the person may not engage in fishing on the water or ice in any manner, operate or assist in the operation of fishing gear or engage in sale or transportation of fish. Any person holding a license under s. 29.3329.519 (1) who has that license revoked under this paragraph, may apply for that license for that part of the license year following the period of revocation which is at least one year after the date of conviction and the department shall issue that license if all licensing criteria are met. The revoked license may not be issued to another person during the period of revocation.